Now it’s like this: everyone with the right to use housing will be entered into the Unified State Register of Real Estate

The initiative was prepared in pursuance of the decision of the Constitutional Court of March 24, 2015. According to the explanatory note, it is aimed at establishing a legal mechanism that will ensure maximum transparency of information about the rights of third parties to alienated residential premises.

As Vladimir Koshelev, First Deputy Chairman of the State Duma Committee on Construction and Housing and Public Utilities, explained in a commentary to RG, the prerequisite for the appearance of the bill was the sad story of the purchase of real estate by a resident of St. Petersburg, Adam Bogatyrev. In 2012, he purchased a three-room cooperative apartment from an auction for the sale of seized property, but was unable to move into it due to the fact that its former inhabitants did not intend to move out.

The new owner had no choice but to go to court. It was there that it turned out that the housing was the joint property of an elderly couple— the deputy noted, — but, besides them, their daughter was included in the order for the provision of an apartment in the cooperative building, who also lived there with her husband and two minor children. The family took out a loan secured by housing, but could not pay it off. Then creditors seized the property and sold it at public auction.

Koshelev said that Bogatyrev went to court for a long time, but in the end he only achieved that the elderly spouses and their son-in-law were subject to eviction, while the daughter and children retained the right to live in the disputed premises, since it was not possible to prove that she gave consent to her parents took out a loan secured by real estate.

Today, in accordance with the Housing Code, all family members of the apartment owner have the right to use the premises on an equal basis with him and lose this opportunity in the event of a divorce, if there are no additional agreements,” the deputy clarified. — But if a former family member for some reason cannot purchase or rent another home, then, based on a court decision, he is retained for a certain period of time the opportunity to remain in his previous place. If at this moment the apartment is put up for sale, the new owner may not find out that he bought square meters with such an encumbrance, because information about it is not entered into the Unified State Register of Real Estate.

According to him, in order to resolve such conflicts, a bill is being adopted that clarifies the grounds for the emergence of the right of family members of the apartment owner, including former ones, to use residential premises. This is relevant if, at the time of privatization or after full payment of the share contribution, they had equal rights with the owner, or were included in the move-in order, or live in it by a court decision. Such information must be entered into the Unified State Register within five days and be available for verification.

The application that the applicant may submit must be accompanied by:

• contract for the transfer of residential premises into ownership (privatization),
• or a warrant for residential premises provided on the basis of a decision of the general meeting of members of a housing construction cooperative,
• or a court decision confirming the right to use housing by a family member, including a former one.

If the apartment is in shared ownership, all owners must submit an application.

In addition, when applying for a mortgage, the written consent of all family members of the owner, including former ones who have not lost the right to use the apartment, will be required. This will also insure all bona fide participants in the transaction from unpleasant surprises, the parliamentarian explained.

source: «Russian newspaper»